Understanding the Legal Permanent Resident Process

Understanding the Legal Permanent Resident Process

Understanding the Legal Permanent Resident Process

Aug 21, 2024

Person holding a U.S. Green Card with the American flag in the background, symbolizing legal permanent resident status.
Person holding a U.S. Green Card with the American flag in the background, symbolizing legal permanent resident status.
Person holding a U.S. Green Card with the American flag in the background, symbolizing legal permanent resident status.

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Introduction

Becoming a Legal Permanent Resident (LPR) of the United States is a significant milestone. It’s more than just a status; it’s a gateway to building a life in the U.S. However, with this status comes a set of rights and responsibilities that every LPR should be aware of. This guide will walk you through what it means to be a Legal Permanent Resident, the benefits you enjoy, the obligations you must fulfill, and how to maintain your status.


What is a Legal Permanent Resident?

A Legal Permanent Resident, commonly known as a Green Card holder, is someone who has been granted the right to live and work in the United States on a permanent basis. While this status offers many of the same rights as U.S. citizens, there are key differences, particularly when it comes to civic responsibilities and the ability to travel abroad.


Rights of a Legal Permanent Resident

As an LPR, you enjoy many rights that are similar to those of U.S. citizens. These include:

  • Right to Live in the U.S.
    You can reside permanently in the United States, provided you do not commit any actions that would make you removable under immigration law.

  • Right to Work
    You can work in any job you are qualified for, without needing an employment authorization document (EAD).

  • Protection Under U.S. Law
    You are protected by the laws of the United States, your state of residence, and your local jurisdiction.


Responsibilities of a Legal Permanent Resident

While the rights of LPRs are extensive, there are also important responsibilities:

  • Obeying All Laws
    LPRs must obey all federal, state, and local laws, just like U.S. citizens.

  • Filing Income Taxes
    You are required to file U.S. income tax returns and report your income to the Internal Revenue Service (IRS) and state taxing authorities, regardless of where your income is earned.

  • Registering for Selective Service
    If you are a male between the ages of 18 and 25, you must register with the Selective Service.


Maintaining Your LPR Status

To maintain your LPR status, you must meet certain requirements. Failure to comply with these requirements can lead to the loss of your status:

  • Continuous Residence
    You must reside continuously in the U.S. If you plan to be outside the U.S. for an extended period (more than six months), you should obtain a re-entry permit to avoid being considered as abandoning your LPR status.

  • Renewal of Your Green Card
    Green Cards are typically valid for 10 years. You must file Form I-90 to renew your Green Card before it expires.

  • Avoiding Criminal Activity
    Certain criminal convictions can result in deportation or removal from the U.S.


How to Renew Your Green Card

Renewing your Green Card is a critical process for maintaining your LPR status. Here’s how to go about it:

  • When to File for Renewal
    You should file Form I-90 to renew your Green Card within six months of its expiration date. If your card has already expired, file as soon as possible.

  • Filling Out Form I-90
    The process is straightforward: fill out the form, submit the required documents, and pay the filing fee. You can complete the form online or by mail.

  • Biometrics Appointment
    After submitting Form I-90, USCIS will schedule a biometrics appointment where your fingerprints, photograph, and signature will be taken.

  • Receiving the New Green Card
    Once your application is processed, USCIS will mail your new Green Card to you. The processing time can vary, so it's important to apply well in advance.


Traveling as an LPR

Traveling outside the United States as an LPR is possible, but there are important considerations to keep in mind:

  • Short Trips
    If your trip is less than six months, you can usually re-enter the U.S. without issues. However, always carry your Green Card and passport.

  • Extended Trips
    If you plan to be outside the U.S. for more than six months, consider applying for a re-entry permit before leaving. Absences longer than one year may require special documentation to re-enter.

  • Maintaining Continuous Residence
    Long absences from the U.S. can be seen as abandonment of your LPR status. Ensure you return within the stipulated timeframes to maintain your residency.


Naturalization: The Path to U.S. Citizenship

While being an LPR grants many rights, it’s not the same as being a U.S. citizen. If you wish to take the next step, here’s how naturalization works:

  • Eligibility for Naturalization
    Generally, you must be an LPR for at least five years (or three years if married to a U.S. citizen) before applying for naturalization.

  • Filing for Naturalization
    You will need to file Form N-400, Application for Naturalization, and meet all eligibility requirements, including continuous residence and good moral character.

  • Naturalization Interview and Test
    As part of the process, you will be required to pass a civics and English language test, as well as attend an interview.


Common Pitfalls for LPRs

Maintaining LPR status might seem simple, but many residents inadvertently jeopardize their status. Here’s what to watch out for:

  • Failing to Renew the Green Card
    An expired Green Card doesn’t invalidate your LPR status, but it can create significant inconveniences, especially when traveling or seeking employment.

  • Criminal Convictions
    Certain offenses can lead to deportation, even if they seem minor. Always consult with an immigration attorney if you are charged with a crime.

  • Long Absences from the U.S.
    Extended stays outside the U.S. without proper documentation can result in the loss of your LPR status.


Conclusion

Being a Legal Permanent Resident of the United States comes with numerous benefits and responsibilities. Understanding and fulfilling these obligations ensures you maintain your status and enjoy the privileges it brings. Whether you are renewing your Green Card, planning to travel, or considering naturalization, staying informed is key to your continued success in the U.S.


Resources

For more information, visit these helpful resources:

  • USCIS Green Card Renewal

  • Fibi Law Firm Blog

© Fibi Law Firm 2023

© Fibi Law Firm 2023

© Fibi Law Firm 2023